ACLU, Genesee County Parks come to an agreement on free speech lawsuit

FENTON TOWNSHIP, Michigan — Those circulating petitions in a Genesee County park can do so with little limitations and without asking permission from the parks commission, according to a court order.

The order, agreed to by both the parks commission and the ACLU, was signed by a federal judge this afternoon and takes immediate effect.

The ACLU sued the county parks commission on Monday because of a so-called "free speech area" that limited a Linden woman to where she could collect signatures for the Gov. Rick Snyder recall campaign to a small area in the Linden County Park.

"We are pleased that petitioners will now be able to exercise free speech rights throughout the parks," said Michael Steinberg, legal director for the ACLU. "Hopefully government officials throughout the state will follow the lead of the Genesee County Parks and Recreation and allow the right to petition in public sidewalks or parks. It's a cherished and time honored tradition."

Denise Miller, the woman who was kicked out of the park while trying to collect signatures, said she was pleased with the order.

"It sounds like they are following the First Amendment. It's great," said Miller, who said she planned to go back to the park to collect signatures for the Snyder recall and the Rep. Paul Scott, R-Grand Blanc, recall.

Miller was trying to collect signatures at the beginning of June when a park ranger approached her and told her she needed a permit. When she received the permit more than two weeks later, she was told she would have to stand in a 3x3-foot "freedom of speech" area that she said was not well traveled.

Parks director Amy McMillan said the policy was an "error" and was glad it could be resolved. She said they were trying to balance the want and needs of all park users.

"We understand and appreciate that everyone has a right to free speech," she said.

Genesee County Corporation Counsel Ward Chapman said they were pleased with the deal as well.

"We all agreed to it," said Chapman. "We thought it was a sound way to handle the order on an immediate basis."

The judge's order is temporary — it lasts 14 days — but Chapman said he believes the parks commission will follow the order after it ends.

There are some limitations to where petitioners can be. They cannot be in any buildings, parking lots or any where that obstructs a pathway.

They also can't approach private events such as weddings unless invited, according to the order.